Falk v. Hecht
Supreme Court of Alabama
Appeal from Lawrence Chancery Court. Heard before Hon. Thomas Cobbs. The bill in this cause was filed on 2d May, 1883, by Eannie Falk, a married woman, the wife of Jacob ~W. Falk, against Joseph Hecht and her said husband, to have vacated and set aside a mortgage executed by her alone (her husband not joining in its execution), on 9th October, 1877, purporting to convey to the said Hecht a tract of land in Lawrence county, her statutory separate estate, to secure a liability…
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Appeal from Lawrence Chancery Court. Heard before Hon. Thomas Cobbs. The bill in this cause was filed on 2d May, 1883, by Eannie Falk, a married woman, the wife of Jacob ~W. Falk, against Joseph Hecht and her said husband, to have vacated and set aside a mortgage executed by her alone (her husband not joining in its execution), on 9th October, 1877, purporting to convey to the said Hecht a tract of land in Lawrence county, her statutory separate estate, to secure a liability of her husband; and to enjoin a sale of the premises under a power contained in the mortgage, which the said Hecht was…
1Opinion of the Court
BRICKELL, 0. J.
The statute (Code of 1876, §§ 2707-9) authorizes husband and wife, by instrument in writing, attested or acknowledged as the statute directs,‘to sell and convey the statutory separate estate of the wife. As has been frequently said, the statute contemplates a sale, a conversion of the property of the wife into money, which may be re-invested in other property, or which may be employed for her benefit; or into *295that which is the equivalent of the property, and upon which, whether it be money, or property of some other species, the statutory uses and trusts are impressed. The…
2Cases cited7 opinions
- Foster v. GlazenerSupreme Court of Alabama · 1855
- Ashford v. WatkinsSupreme Court of Alabama · 1881
- Cohen v. Wollner, Hirschberg & Co.Supreme Court of Alabama · 1882
- Waddell v. Weaver's Administrators & HeirsSupreme Court of Alabama · 1868
- Ellett v. WadeSupreme Court of Alabama · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Clifton Iron Co. v. DyeSupreme Court of Alabama · 1888
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Walling v. Christian & Craft Grocery Co.Supreme Court of Florida · 1899
- Trawick v. DavisSupreme Court of Alabama · 1888
- Pollard v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1893
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